My esa has stopped after my decision

B23kpa1n · August 2023

I had my assessment a while back the HCP has was basically told I had a good chance of getting esa due to the issue with having pain sitting or standing for 5 minutes, the physical exam was denied by the HCP due to concerns. laying down is the only comfortable yet still painful position for myself. They have said that a wheelchair would be considered to enable me to still be able to work, I don’t understand how they think I’m going to be comfortable working when laying down is the ideal option for me. Should I consider appealing the decision. I’m am currently waiting on my referral to come through to get a treatment plan in place in hope I do get back to work in the future

poppy123456 · August 2023

The first step to appeal is the Mandatory Reconsideration. (MR) You should put this in writing stating where and why you think you should have been placed into the Support Group. Yes, for the mobilising descriptor they do take into consideration your ability to use a self propel wheelchair. If you can't use one of those you need to tell them why you can't do that.

For Support Group only one descriptors needs to apply as it's not about scoring points. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/support-group-descriptors

If the MR decision doesn't change then you can proceed to Tribunal.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/problems-with-esa/challenging-an-esa-decision/

My esa has stopped after my decision

Comments

Categories